RAPID CITY, S.D. ( KOTA TV ) South Dakota is the only state in the country that charges you for possession by ingestion.
What that means is, whether you smoked marijuana or ingested something else into your system in state or out of state, if you get pulled over and you have a controlled substance in your blood stream, that is considered possession. You could also be charged with a felony depending how much is in your system.
Some legislators do not feel that the current law is appropriate.
That is why Senate Bill 129 was formed. Legislators behind the bill want to take a closer look at South Dakota's criminal population to find out how many people in the system are there for possession by ingestion as a felony.
"Possession and distribution are different animals in my mind." Representative David Lust said, "Traditional possession to me is something i have on me that I can give to someone else. That is possession. I can't do that if it is in my bloodstream. So this is in my mind is not on any slippery slope. We are the only state that does it, charges this way."
The intent is not to legalize anything, just to look at the numbers and find out who is incarcerated for possession by ingestion and decide whether that is appropriate.